[2013] KEHC 666 (KLR)

[2013] KEHC 666 (KLR)

The court held that its jurisdiction as a probate court is limited to the administration and distribution of the deceased's estate. Once the grant has been confirmed, the estate distributed, and the property vested in the new owners, the probate court becomes functus officio regarding those assets. Any disputes concerning the property after vesting, including claims of trespass or occupation by third parties, must be pursued in the appropriate civil court and not within the succession proceedings. The application seeking to evict Felista Wairimu Kabiru was therefore unmerited and dismissed, as the parcels in question no longer formed part of the deceased's estate and the court lacked...

Citation
[2013] KEHC 666 (KLR)
Parties
Applicant: Teresia Wambui Kabiru; Applicant: Virginia Wacheke Kabiru; Respondent: Felista Wairimu Kabiru
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
23 December 2013
Case Number
Succession Cause 685 of 1992
Procedural Posture
Succession Cause / Ruling on Post Confirmation Application for Eviction
Outcome
application dismissed with costs to the respondent
Judges
DN Musyoka
Legal Topics
Succession of Estates, Distribution of Property, Probate Jurisdiction, Vesting of Land
Source Language
English
Family and Children Land and Property Succession of Estates Distribution of Property Probate Jurisdiction Vesting of Land

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Teresia Wambui Kabiru

Applicant

Virginia Wacheke Kabiru

Applicant

Felista Wairimu Kabiru

Respondent

Procedural Posture

Succession Cause / Ruling on Post Confirmation Application for Eviction

Legal Issues

  1. 1 Whether the probate court retains jurisdiction over property after confirmation and distribution of grant.
  2. 2 Whether Felista Wairimu Kabiru can be ordered to vacate land no longer forming part of the deceased's estate.
  3. 3 Whether the application for eviction is properly before the probate court.

Ratio Decidendi

The court held that its jurisdiction as a probate court is limited to the administration and distribution of the deceased's estate. Once the grant has been confirmed, the estate distributed, and the property vested in the new owners, the probate court becomes functus officio regarding those assets. Any disputes concerning the property after vesting, including claims of trespass or occupation by third parties, must be pursued in the appropriate civil court and not within the succession proceedings. The application seeking to evict Felista Wairimu Kabiru was therefore unmerited and dismissed, as the parcels in question no longer formed part of the deceased's estate and the court lacked...

Court Disposition

application dismissed with costs to the respondent

Orders

  • The application dated 29th March 2012 is dismissed.
  • Costs awarded to the respondent.